How Can Illinois Grandparents Obtain Custody of Their Grandchildren?

 Posted on March 08, 2018 in Family Law

Today, families in the United States come in all varieties. More single parents and unmarried parents are raising children than in the past. Same-sex couples are also raising more children than they did twenty years ago. Families are often blended, with children from several relationships living together under one roof. Grandparents are also increasingly taking the place of biological parents in children’s lives. 

Voluntary Relinquishment

There are several ways that grandparents can get custody of their grandchildren. The first way is through petitioning the court for custody of the grandchildren. Both parents of the child must voluntarily relinquish their parental rights to the child unless there is another issue like abuse. Parents may give up the rights to their children for many deeply personal reasons. Sometimes addiction issues or mental health concerns make a parent unable to raise their child. Other times, very young parents relinquish their parental rights so that a grandparent or grandparents can adopt the child.

Cases Involving Abuse and Neglect

Grandparents can be awarded custody of their grandchildren if the biological parents have been found to be abusive or neglectful to the child. The Department of Children and Family Services oversees children who are taken from abusive homes. Before 2003, the DCFS would not place children with a guardian over the age of 65, but this rule has now been eliminated. In some cases, grandparents are given the authority to raise the child on a day-to-day basis, but the DCFS remains the child’s legal guardian. There is also an option for grandparents to become the legal guardian of a child called "Private Subsidized Guardianship.” This permanent measure is usually reserved for situations in which there is no hope of reuniting the child with his or her biological parents.

Contact Our Lombard Family Law Attorneys

Custody laws in Illinois can be nuanced and complicated. A. Traub & Associates has the legal experience and skill necessary to manage even the most complicated child custody or adoption case. If you are a grandparent who wishes to obtain custody of your grandchild, our practiced Lombard family law attorneys can first help you understand if you have a case or not. If you do, we will help you petition the court for custody and walk you through the necessary legal procedures. In order to schedule a confidential consultation, call 630-426-0196 today.

Sources:

https://www.isba.org/committees/women/newsletter/2005/02/grandparentsraisinggrandchildrenwha

http://www.pewtrusts.org/en/research-and-analysis/blogs/stateline/2016/11/02/why-more-grandparents-are-raising-children